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13 March 2017 • Insights, News

Dismissals, bull’s eye “Legal actions are drastically reduced; now the justice system is less burdened” (Affari&Finanza, 13 March 2017 – Vittorio De Luca)

Vittorio De Luca talks about the main effects of the Jobs Act that through the new changes introduced in the matter of flexibility at end of employment, which reduce the possibilities of reintegration and introduce financial compensation, has indeed revolutionised the job market in Italy. According to the statistics of the Ministry “of Justice, lawsuits ....

1 March 2017 • Insights

Liability of the holding company for a crime committed in the interest or to the advantage of the subsidiary(Newsletter Norme & Tributi No. 112 – Italian-German Chamber of Commerce – Vittorio De Luca, Luciano Vella)

La Corte di Cassazione è tornata a pronunciarsi, con la sentenza n. 52316 del 9.12.16, sulla tortuosa...

28 February 2017 • Insights

Secondment of workers in Italy: stopping the abuse (Il Giornale di Vicenza – Idea Impresa, 28 February 2017 – Vittorio De Luca, Gaia Morra)

Il D.lgs. 136/2016, entrato in vigore lo scorso 22 luglio, ha recepito nel nostro ordinamento le disposizioni comunitarie in materia di distacco dei lavoratori nell’ambito di una prestazione di servizi. Il decreto, che ha abrogato il vecchio D. lgs. 72/2000, racchiude infatti in un unico testo le norme volte ad attuare sia la direttiva 96/71/CE ....

28 February 2017 • Insights

The procedures for application of the non-recurring one-time payment established by the Renewal of the National Labour Collective Agreement for the private metalworking sector and the mechanical engineering and plant installation sector have been specified

On 19 January 2017, following the successful outcome of the certified workers’ consultation, the Renewal of the National Labour Collective Agreement for the private metalworking sector and mechanical engineering and plant installation sector was officially signed and therefore now fully effective. On that occasion, the Parties also defined the contractual text concerning the gross non-recurrent ....

27 February 2017 • Insights

Did you know that… adopting a policy on IT tools allows using the data collected also for disciplinary purposes?

The adoption of a policy regulating the use of IT tools (e.g. Internet, email, tablets and smart phones) made available to the employees in accordance with the provisions of the privacy regulations, allows the employer to use the data collected through such tools for all purposes pertaining to the employment relationship, including the disciplinary ones.

27 February 2017 • Insights

The relationship between a share capital company and its director is not comparable to a subordinate employment relationship or contract work

The Plenary Sitting of the Court of Cassation, with judgement no. 1545 dated 20 January 2017, replied to the question concerning the nature of the relationship between a company limited by shares and its director, alias if it can be classified as a contract work or as self-employment work (that is extraneous to such scenario). ....

27 February 2017 • Insights

Dismissal for just cause of an employee consuming corporate goods is lawful independently of the marginal damage suffered by the employer.

The Court of Bologna with judgement no. 149 dated 10 February 2017, declared lawful the dismissal for just cause ordered for an employee who consumed company goods (food and beverages) at the workplace. During the summary case hearing, the Judge of the court where the employee filed the appeal under article 1, paragraph 48, of ....

27 February 2017 • Insights

The Chamber of Deputies has finally approved the “Mille proroghe” Decree

At the sitting of 23 February 2017, the Chamber of Deputies finally approved Draft Law C. 4304 for conversion into law, with amendments, related to the Law Decree no. 244 dated 30 December 2016, bearing the extension and definition of terms (the so-called “One thousand extensions decree”) Regarding labour law, the measure in question, among ....

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